Employers can’t have a one size fits all approach for treating employees with a disability, said Connie Reeve, a partner with Blake, Cassels & Graydon LLP.
Speaking at a seminar in Toronto yesterday, she offered some practical tips for employers who have employees with a disability (which includes both physical and mental impairment):
• Ask for and get the information to evaluate you may need to accommodate those employees. The employee and his/her medical advisors must give the relevant facts to the employer.
• Although you may not understand an ailment, you should not dismiss that type of disability. You can request an independent evaluation from a medical expert in a relevant field if you question the validity of an employee’s claim that he/she is disabled.
• Each employee must be accommodated individually and cannot be assessed the same as all disabled employees.
• Help employees with their application for short- or long-term disability insurance. Employers are obliged to ensure that employees have the information they need to apply for disability benefits.
• Review your program for attendance management. It should be in line with human rights legislation.
• Accommodation includes a requirement to re-employ an employee who has been away from work because of a disability if they can still fulfill the essential duties of their pre-disability job with reasonable accommodation.